North Carolina’s Body Cam Law

After the events in Charlotte over the past few days, there is a renewed interest in North Carolina’s laws regarding the release of police video camera footage. Although we first covered the issue in this August 1 article, there remains considerable misinformation being spread by some folks on social media.

The left is pushing a false narrative saying that the new law bans the release of law enforcement video. This is not true. Prior to October 1, when the new law will take effect, politicians and police departments could unilaterally refuse to release videos; after October 1, the process to release these videos will be handled by courts.

Here, Governor Pat McCrory weighs in to clear up some of the misunderstanding with this informative post.

Before North Carolina’s body camera law (Session Law 2016-88; House Bill 972), there was no clear legal process to instruct local law enforcement on how to handle or release body or dash camera footage. Often, they were considered a part of an officer’s personnel file, which meant they were almost never released to the public. In short, it was up to the politicians and the law enforcement agencies whether or not to release dash and body camera video.

North Carolina’s new body camera law goes into effect on October 1, 2016. It was not in effect during the tragic shooting of Keith Lamont Scott in Charlotte on September 20 and applies only to requests made for the release of law enforcement video on or after October 1.

In the case of Keith Lamont Scott, it is up to the custodian of the footage, Mayor of Charlotte and the Charlotte Mecklenburg Police Department, whether to release law enforcement video from the scene.

The new law takes the decision-making authority out of the hands of the police and politicians by establishing a clear legal process through the court system for the release of law enforcement video in North Carolina. After October 1, 2016, it will be up to the courts to make decisions regarding the release of law enforcement video.

People captured in law enforcement video (or family) can request to see the video from a law enforcement agency.

The law enforcement agency must grant access to the requestor or state a particular reason why access would be denied, i.e. the disclosure would create a serious threat to the fair, impartial, and orderly administration of justice.

The agency has three days to respond to the request. If law enforcement doesn’t respond after three days or rejects a request during that time, the person can petition the court to see the video. Access would be granted if the court finds that the law enforcement agency abused its authority in denying the request for disclosure. The court can also consider any standard it deems relevant in determining whether to order the release of all or a portion of the recording. There is no fee for petitioning the court for access to law enforcement footage, and requests are given priority status by the court.

Any custodial law enforcement agency may also file a request with the court to release the video.

The court can also order the release of the video if:

There is good cause shown to release all portions of a recording.

Release is necessary to advance a compelling public interest.

The person requesting release is seeking to obtain evidence in a current or potential court proceeding.

There is good cause shown to release all portions of a recording.

The law requires every law enforcement agency that uses body‑worn cameras or dashboard cameras must adopt a clear policy applicable to the use of those cameras.

This law protects the integrity of investigations while balancing transparency, privacy and public safety.

This new law is endorsed by every major law enforcement organization in North Carolina, including the N.C. Fraternal Order of Police, N.C. Police Benevolent Association and the N.C. Conference of District Attorneys.

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